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Supreme Court Of India

(From : Rajasthan)

Hon'ble Judge(s): Anil R. Dave, Adarsh Kumar Goel , JJ

Muslim Law , — Gift deed - Validity of - Gift of musha property (undivided share in property) by father to his minor son by registered deed - Property is under tenancy and right to collect rent stands transferred to donee - Said property is commercial property located in city of Jaipur - Gift deed not invalid either on ground that possession was not delivered or on ground that it was hit by Hiba-bil-Musha. Transfer of Property Act (4 of 1882) , S.123— While gift of immovable property is not complete unless the donor parts with the possession and donee enters into possession but if the property is in occupation of tenants, gift can be completed by delivery of title deed or by request to tenants to attorn to the donee or by mutation. It is further clear that gift of property which is capable of division is irregular but can be perfected and rendered valid by subsequent partition or delivery. Exceptions to the rule are : where the gift is made by one co-heir to the other; where the gift is of share in a zemindari or taluka; where gift is of a share in freehold property in a large commercial town, and where gift is of share in a land company. In the present case, the appellant filed suit for recovery of the amount received by the defendants by way of rent to the extent of one-third share of the plaintiff (based on gift deed in his favour by his fa....